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Halverson remains off bench

The Nevada Supreme Court ruled Friday that the chief district judge overstepped her authority when she barred District Judge Elizabeth Halverson from the bench this spring.

But the court denied a motion by Halverson, whom the Nevada Commission on Judicial Discipline suspended Wednesday, to return her to the bench while considering her appeal.

In issuing its suspension, the commission cited Halverson's inexperience and poor judgment, evidence that she'd fallen asleep on the bench and communicated improperly with jurors, and testimony that duties of her staff included giving neck and back rubs to the morbidly obese and wheelchair-using judge.

The Supreme Court's decision on a lawsuit brought by Halverson against Chief District Judge Kathy Hardcastle was praised by both sides for its clarification of the chief judge's authority.

It was a partial victory for Halverson, who claimed that Hardcastle had no right to ban her from the courthouse May 10 and, by doing so, prevent her from doing the job voters elected her to do. The Supreme Court later reinstated Halverson to the bench while it considered her lawsuit.

"What the Supreme Court did more than anything else is they've made it real clear the chief judge cannot rule by executive fiat," said Halverson's attorney, Dominic Gentile.

Hardcastle said she too was pleased with the decision. She praised justices for providing more guidance on the scope of a chief judge's power, while noting the decision affords a chief judge the right to ban another judge from the courthouse in cases of "emergency situations in which no other adequate means exist to preserve court security."

In their ruling, justices wrote, "Unless faced with an emergency situation requiring immediate action, the chief judge's remedy is with the Nevada Commission on Judicial Discipline, which has authority over formally disciplining judges, or under certain circumstances, with this court."

Declaring Halverson a threat to the public and the administration of justice, the Commission on Judicial Discipline suspended her from the courthouse until its members can investigate complaints against the new judge and decide whether to file formal charges against her.

Halverson, 49, will remain on paid suspension while her appeal is pending.

Justices have scheduled a hearing for Sept. 4.

Gentile had filed a rare petition for a writ of quo warranto (meaning "by what authority") with the high court. The justices issued a writ on Hardcastle's ousting of Halverson, writing, "We direct the clerk of this court to issue a writ of quo warranto "ousting" Chief Judge Hardcastle from intruding upon Judge Halverson's exercise of her judicial function in this manner."

Said Gentile: "The cool thing is we've made some historic law with this thing."

Hardcastle said, "I think this is a Supreme Court decision that's going to be looked at in every court in the country, because all the courts in the country are looking at court governance and leadership."

The justices determined that Hardcastle did not act improperly when she appointed a three-judge committee to meet with Halverson, so long as the committee didn't intrude on Halverson's authority to independently rule on cases. Nor did Hardcastle act improperly, they said, by taking away from the judge her criminal caseload.

They found, though, that Hardcastle had no authority to require Halverson to meet with a committee.

But the judicial discipline commission, in its decision to suspend Halverson temporarily, decided that judges have a duty to cooperate in matters of administration.

"I can't order a judge to meet with a committee, but failure to do so could subject them to scrutiny and discipline," Hardcastle said.

Nevada has what is known as "a strong chief judge position," under which Hardcastle has broad powers to ensure the orderly administration of judicial business, including creating committees and special assignments and reassigning caseloads.

Hardcastle took Halverson's criminal cases away and gave her a civil calendar in April after receiving complaints about the judge's lack of knowledge in criminal law. Hardcastle also assigned three judges to meet with Halverson to help her gain experience and deal with problems that arise.

She sent a letter containing reports of mismanaged cases, affidavits from Halverson's former staff and allegations of sexual harassment and verbal abuse, to the commission's executive director, David Sarnowski, on April 23.

Hardcastle banned Halverson from the Regional Justice Center after Halverson violated security protocol and brought two private bodyguards into secured areas.

Halverson had refused to meet with judges to discuss her security concerns.

"How can you meet with people who may not have any authority over you to discipline?" Halverson said in May.

Hardcastle prohibited her from returning to the courthouse until she agreed to meet with them.

Gentile said Hardcastle's motivation in reassigning her criminal cases was to punish his client.

"The Supreme Court isn't getting involved in (Hardcastle's motivation), but we'll have our day on that one," Gentile said, referring to the commission's ongoing investigation.

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